After a homeowner dies, it will become their heir’s responsibility to make the monthly payment for the mortgage the deceased owed. Whenever a loved one dies, the grieve can be overwhelming. Most of the time, attention is not given to the property they left behind or the debts they owe until the deceased lender comes calling. It can be a stressful process grieving a loved one and, at the same time, trying to prevent their home from going into foreclosure. Usually, when a homeowner dies, their property goes into foreclosure before action is taken. The reason is that no attention is given to the property nor the mortgage owed for months after a loved one dies. However, lenders are most concerned with gaining their money back than grieving with you.  However, what do you do if the deceased does not include any name in their mortgage? You go through probate to claim the property and consequently stop foreclosure.

If one of the parents died, the surviving parent will automatically be the new owner of the property and bears the burden of paying off the mortgage. However, if the homeowner is not married, whoever wants to claim the property will have to go through probate to pay off the debt or sell it. The heir has to file a petition to a probate court where the property is located to get the property. The court then makes the request public by publishing in newspapers; this ensures that the wrong heir isn’t claiming the property. Any potential heir that sees the petition can object it before the court appoints the wrong person. The process can take over three months; however, the court must select the right person as heir.

The probate process must be completed before an heir can make a payment on the deceased mortgage or sell the property. Once a probate process has been initiated, foreclosure is put on hold until the court judges a judgment. Therefore, probate can be an effective way to stop foreclosure. It is advisable to contact the deceased family earlier to determine if the deceased has a mortgage loan. Contact the lender as soon as possible to inform them about your plans for the property.